Professional Documents
Culture Documents
Act 378
11 January 2013
First Enacted
Revised
PREVIOUS REPRINTS
First Reprint
2001
Second Reprint
2006
3
LAWS OF MALAYSIA
Act 378
PART I
PRELIMINARY
Section
1.
2.
Interpretation
3.
3A.
Powers of Collector
PART II
PROVISIONS APPLICABLE TO INSTRUMENTS
GENERALLY
Liability of Instruments to Duty
4.
4A.
5.
5A.
6.
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ACT 378
Section
7.
8.
9.
10.
11.
11A.
12.
Replica
Duplicate and counterparts
13.
14.
14A.
PART III
PROVISIONS APPLICABLE TO PARTICULAR
INSTRUMENTS
15.
15A.
16.
17.
How transfer for debts, stocks, securities, future payment and further
consideration to be charged
18.
19.
20.
20A.
20B.
Stamp
Section
21.
22.
23.
24.
25.
26.
27.
(Deleted)
28.
29.
(Deleted)
29A.
30.
31.
32.
32A.
PART IV
LIABILITY FOR PAYMENT OF DUTY
33.
34.
(Deleted)
35.
Exemptions
PART V
ADJUDICATION AS TO STAMPS
36.
36A.
36AA.
36B.
Laws of Malaysia
ACT 378
Section
36C.
Where duty chargeable is equal or lower than advance duty paid and
refund of advance duty paid in excess
37.
Certificate by Collector
38.
38A.
Notice of objection
39.
40.
PART VI
OF THE TIME OF STAMPING INSTRUMENTS
41.
42.
43.
44.
45.
46.
Transfers of shares
47.
47A.
48.
Denoting penalty
49.
50.
50A.
PART VII
INSTRUMENTS NOT DULY STAMPED
51.
52.
Stamp
Section
53.
54.
(Deleted)
55.
56.
PART VIII
ALLOWANCE FOR SPOILED STAMPS
57.
58.
59.
59A.
PART IX
OFFENCES AND PENALTIES
60.
60A.
61.
Penalty for not setting forth all the facts and circumstances
62.
(Deleted)
63.
64.
65.
66.
(Deleted)
67.
Penalty for not making out policy other than on sea insurance or making one
not duly stamped
68.
Penalty for assuring on sea insurance unless under policy duly stamped
69.
70.
(Deleted)
71.
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ACT 378
Section
Section
72.
72A.
73.
Postage stamps
74.
74A.
74B.
75.
76.
Books, etc., in the custody of public officers may be inspected without fee
77.
77A.
Electronic medium
77B.
78.
79.
80.
80A.
81.
82.
Rules
83.
Repeal
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
FOURTH SCHEDULE
FIFTH SCHEDULE
SIXTH SCHEDULE
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LAWS OF MALAYSIA
Act 378
STAMP ACT 1949
An Act relating to stamp duties.
[Peninsular Malaysia 5 December 1949;
Sabah and Sarawak 1 October 1989, P.U. (B) 441/1989]
PART I
PRELIMINARY
Short title and application
1. (1)
(2)
Interpretation
2. In this Act, unless the context otherwise requires
banker means any person licensed under the Islamic Banking Act
1983 [Act 276] or the Banking and Financial Institutions Act 1989
[Act 372] to carry on the business of banking in Malaysia;
bond means
(a) any instrument whereby a person obliges himself to pay
money to another on condition that the obligation shall be
void if a specified act is performed or is not performed, as
the case may be;
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ACT 378
Stamp
11
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ACT 378
Stamp
13
which may become due upon an account current, together with any
sum already advanced or due, or without, as the case may be; and
includes
(a) any conveyance of any property in trust to be sold or
otherwise converted into money intended only as a
security, and redeemable before the sale or other disposal
thereof either by express stipulation or otherwise;
(b) any instrument in writing for defeating or making
redeemable, or explaining or qualifying any conveyance
of property, apparently absolute, but intended only as a
security;
(c) any agreement for a mortgage or any agreement (other
than an agreement chargeable with duty as an equitable
mortgage), contract, or bond accompanied with a deposit
of title deeds or with other instruments evidencing a right
to property, for making a mortgage or any other security
or conveyance as aforesaid of any property comprised in
the title deeds or other instruments or for pledging or
charging the same as a security; and
(d) any deed operating as a mortgage of any stock or
marketable security;
official receipt means a receipt issued by or on behalf of the
Collector for payment of stamp duties;
paper includes every material upon which words or figures can be
expressed;
policy of insurance includes every writing whereby any contract
of insurance is made or agreed to be made or is evidenced, and the
expression insurance includes assurance;
policy of sea insurance
(a) means any insurance, including re-insurance, made upon
any ship or vessel, whether for marine or inland
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Stamp
15
Powers of Collector
3A. (1) The Collector may by notice in writing require any person
to produce any instrument for the purpose of ascertaining whether it
is chargeable with duty under this Act and, if so, whether that duty
has been paid.
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Stamp
17
section, shall be liable to a fine not exceeding two hundred and fifty
ringgit.
PART II
PROVISIONS APPLICABLE TO INSTRUMENTS
GENERALLY
Liability of Instruments to Duty
Instruments chargeable with duty
4. (1) Subject to this Act and subject to the exemptions contained
in this Act and in any written law for the time being in force, the
several instruments specified in the First Schedule shall, from and
after the commencement of this Act, be chargeable with the several
duties specified in such Schedule.
(2) Nothing in this Act shall render liable to additional duty any
instrument whereon duty is expressly imposed under any other
written law in force in Malaysia.
(3) Where in the case of any sale, lease, charge, settlement,
exchange or partition several instruments are employed for
completing the transaction, the principal instrument only shall be
chargeable with the duty prescribed in the First Schedule for the
conveyance, lease, charge, settlement or partition and each of the
other instruments shall be chargeable with a duty of ten ringgit only;
and the parties may determine for themselves which of the
instruments so employed shall, for the purpose of this subsection, be
deemed to be the principal instrument.
(4) The duties imposed by such Schedule may be cancelled,
varied or added to by a resolution of the House of Representatives.
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Stamp
19
In this section
(a) (Omitted);
(b) expressions which are defined in the Companies Act 1965
shall have the same meaning as in that Act.
Payment of Duty
All facts and circumstances to be set out
5. All the facts and circumstances affecting the liability of any
instrument to duty or the amount of the duty with which any
instrument is chargeable are to be fully and truly set forth in the
instrument, and the Collector may require such evidence to be
furnished as may be reasonably necessary to prove that all such facts
and circumstances are truly set forth.
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Stamp
21
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Stamp
23
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Stamp
25
Replica
11A. (1) Where a replicate of an instrument is presented to the
Collector, the replicate of such instrument shall not be deemed to be
duly stamped unless it can be shown to the satisfaction of the
Collector that all the facts and circumstances affecting the liability of
the original instrument to duty, and the amount of the duty chargeable
thereon has been paid.
(2) For the purpose of subsection (1), the Collector shall indorse
on the replicate of the instrument that full and proper duty with which
the original is chargeable had been paid upon payment of a fee of one
hundred ringgit for each replicate of an instrument.
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Stamp
27
PART III
PROVISIONS APPLICABLE TO PARTICULAR
INSTRUMENTS
Relief from stamp duty in case of reconstructions or
amalgamations of companies
15. (1) If in connection with a scheme for the reconstruction of
any company or companies or the amalgamation of any companies it
is shown to the satisfaction of the Collector that there exist the
following conditions, that is to say:
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Stamp
29
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(4) Where a claim is made for exemption under this section, the
Collector may require the delivery to him of a statutory declaration in
such form as he may direct made by an advocate and solicitor, or, in
the case of Sabah and Sarawak, an advocate, of the High Court, and
of such further evidence, if any, as he deems necessary.
(5)
If
(a) where any claim for exemption from duty under this
section has been allowed, it is subsequently found that
any declaration or other evidence furnished in support of
the claim was untrue in any material particular, or that
the conditions specified in subsection (1) are not fulfilled
in the reconstruction or amalgamation as actually carried
out;
(b) where shares in the transferee company have been issued
to the existing company in consideration of the
acquisition, the existing company within a period of two
years from the date, as the case may be, of the
registration or incorporation, or of the authority for the
increase of the capital, of the transferee company ceases,
otherwise than in consequence of reconstruction,
amalgamation, liquidation or in compliance with
Government policy on capital participation in industry to
be the beneficial owner of the shares so issued to it; or
(c) where any such exemption has been allowed in
connection with the acquisition by the transferee
company of shares in another company, the transferee
company within a period of two years from the date of its
registration or incorporation or of the authority for the
increase of its capital, as the case may be, ceases,
otherwise than in consequence of reconstruction,
amalgamation or liquidation, to be the beneficial owner
of the shares so acquired;
Stamp
31
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Stamp
33
(4) This section shall not apply to any instrument unless it is also
shown to the satisfaction of the Collector that the instrument was not
executed in pursuance of or in connection with an arrangement
whereunder
(a) the consideration, or any part of the consideration, for the
transfer was to be provided or received, directly or
indirectly, by a person other than a company which at the
time of the execution of the instrument was associated
within the meaning of this section with either the
transferor or the transferee (meaning, respectively, the
company from whom and the company to whom the
beneficial interest was transferred); or
(b) the said interest was previously transferred, directly or
indirectly, by such a person; or
(c) the transferor and the transferee were to cease to be
associated within the meaning of this section by reason of
a change in the percentage of the issued share capital of
the transferee in the beneficial ownership (within the
meaning of this section) of the transferor or a third
company,
and, without prejudice to the generality of paragraph (a), an
arrangement shall be treated as falling within at paragraph if it is one
whereunder the transferor or the transferee, or a company associated
with either as there-mentioned, was to be enabled to provide any of
the consideration, or was to part with any of it, by or in consequence
of the carrying out of a transaction or transactions involving, or any
of them involving, a payment or other disposition by a person other
than a company so associated.
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Stamp
35
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(a) the ad valorem stamp duty upon any such decree or order
shall not exceed the duty on a sum equal to the value of
the property to which the decree or order relates, and
where the decree or order states that value such statement
shall be conclusive for the purpose of determining the
amount of the duty; and
(b) where ad valorem stamp duty is paid upon such decree or
order, any conveyance following upon such decree or
order shall be exempt from the ad valorem stamp duty.
Stamp
37
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ACT 378
duty in respect only of the consideration moving from the subpurchaser thereof, without regard to the amount or value of the
original consideration; and the conveyance of the residue, if any, of
such property to the original purchaser shall be chargeable with ad
valorem duty in the manner specified by section 12A and Item 32(a)
of the First Schedule.
(5) Where a sub-purchaser takes an actual conveyance of the
interest of the person immediately selling to him, which is chargeable
with ad valorem duty in respect of the consideration moving from
him and is duly stamped accordingly, any conveyance to be
afterwards made to him of the same property by the original seller
shall be chargeable with a duty equal to that which would be
chargeable on a conveyance for the consideration obtained by such
original seller, or where such duty would exceed ten ringgit with a
duty of ten ringgit.
Stamp
39
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(3) Where duty has been duly paid in conformity with the
foregoing provisions, the conveyance or transfer made to the
purchaser or sub-purchaser, or any other person on his behalf or by
his direction, shall not be chargeable with any duty, and the
Collector, upon application, either shall denote the payment of the ad
valorem duty upon the conveyance or transfer or shall transfer the ad
valorem duty thereto upon production of the contract or agreement, or
contracts or agreements, duly stamped.
(4)
(5)
(6)
Stamp
41
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Stamp
43
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Stamp
45
such a policy shall not be invalid on the ground only that by reason of
the continuation clause it may become available for a period
exceeding twelve months.
(6) There shall be charged on a policy of sea insurance containing
a continuation clause the stamp duty mentioned in the First Schedule
in addition to the stamp duty which is otherwise chargeable on the
policy.
(7) If the risk covered by the continuation clause attaches and a
new policy is not issued covering the risk, the continuation clause
shall be deemed to be a new and separate contract of sea insurance
expressed in the policy in which it is contained, but not covered by
the stamp thereon, and the policy shall be stamped in respect of that
contract accordingly, but may be so stamped without penalty at any
time not exceeding thirty days after the risk has so attached.
(8) Where any person, in consideration of any sum of money paid
or to be paid for additional freight or otherwise, agrees to take upon
himself any risk attending goods, merchandise or property of any
description whatever while on board of any ship or vessel, or engages
to indemnify the owner of any such goods, merchandise or property
from any risk, loss or damage such agreement or engagement shall be
deemed to be a contract for sea insurance.
Legal alteration in sea policies may be made
31. Nothing in this Act shall prohibit the making of any alteration
which may lawfully be made in the terms and conditions of any
policy of sea insurance after the policy has been underwritten:
Provided that
(a) the alteration is made before notice of the determination of
the risk originally insured;
(b) it does not prolong the time covered by the insurance
thereby made beyond the period of six months in the case
of a policy made for a less period than six months, or
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Stamp
47
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Initial duty
36A. (1) Notwithstanding section 36 but subject to section 36B,
the Collector may, on an application made by any person in respect of
an instrument for the transfer of an immovable property, assess the
initial duty for which the instrument is chargeable.
(2) The application made under subsection (1) shall contain
particulars or evidence deemed necessary to prove the facts affecting
the liability of the instrument to duty and any valuation report,
prepared by a person privately practising as a valuer, on the market
value of the immovable property shall for the purposes of this section
be sufficient evidence for the Collector to make an assessment on the
initial duty for which the instrument is chargeable.
Stamp
(3)
49
Advance duty
36AA. (1) Notwithstanding sections 36 and 36A, the Collector
may, on an application made by any person assess the advance duty
for an instrument for the transfer of an immovable property where the
consideration consists wholly of money.
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(2) For the purposes of subsection (1), the Collector shall, prior to
the market value of the immovable property being ascertained by a
valuer employed by the Government for the purpose of subsection
36B(1A), ascertain the market value in advance for which the
instrument referred to in that subsection is chargeable in accordance
with the following formula:
100
83.333
where
Additional duty
36B. (1) Where section 36A applies and it appears to the
Collector that based on the market value of the property as
ascertained by a valuer employed by the Government, the proper
amount of duty chargeable on the instrument is higher than the initial
duty paid, he may within three months after the payment of the initial
duty make an additional assessment on a person liable to pay such
duty in the additional amount of duty chargeable.
(1A) Where section 36AA applies and it appears to the Collector
that based on the market value of the immovable property as
ascertained by the valuer employed by the Government, the proper
amount of duty chargeable on the instrument is higher than the
advance duty paid, he may make an additional assessment on the
person liable to pay such duty in the additional amount of duty
chargeable.
Stamp
51
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Certificate by Collector
37. (1) When an instrument brought to the Collector under
section 36, 36A, 36AA or 36B and
Stamp
53
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Notice of objection
38A. (1) Any person who is dissatisfied with an assessment or
additional assessment of the Collector under this Part may, by written
notice (referred to in this Act as notice of objection), object to the
assessment or additional assessment and apply to the Collector to
review the assessment or additional assessment.
(2) Every notice of objection shall state the grounds of objection
to the Collectors assessment or additional assessment and shall be
made within thirty days after the date of the assessment or additional
assessment or such further period as the Collector may allow in any
particular case.
(3) The person giving a notice of objection shall furnish further
particulars and information in relation to the grounds of the objection
if required to do so by the Collector in writing.
(4) The Collector shall, on receipt of a notice of objection and
such further particulars and information as he may require under
subsection (3), review the assessment or additional assessment.
(5) After the objection has been determined, the Collector shall
notify the person in writing of his decision.
(6) Where, on review, it appears to the Collector that the amount
of duty originally or additionally assessed is excessive, he may cancel
the original or additional assessment and make such other assessment
in substitution of the original or additional assessment and shall serve
on the person a notice of substituted assessment.
Stamp
55
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ACT 378
Stamp
57
(2) When any such instrument is brought to him for stamping the
Collector may require that the date of receipt thereof be verified by
production of the envelope in which the same was received or of any
accompanying letter, or, unless the date of the instrument shows that
it must have been received within thirty days, by statutory
declaration.
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Stamp
59
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Stamp
61
PART VII
INSTRUMENTS NOT DULY STAMPED
Examination and impounding of instruments
51. (1) Every person having by law or consent of parties authority
to receive evidence, and every person in charge of a public office,
except an officer of police, before whom any instrument, chargeable,
in his opinion, with duty, is produced or comes in the performance of
his functions, shall, if it appears to him that such instrument is not
duly stamped, impound the same.
(2) For that purpose every such person shall examine every
instrument so chargeable and so produced or coming before him in
order to ascertain whether it is stamped with a stamp of the value and
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Stamp
63
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Stamp
65
PART VIII
ALLOWANCE FOR SPOILED STAMPS
Allowance for spoiled stamps
57. Subject to any rules which may be made under this Act and to
the production of such evidence by statutory declaration or otherwise
as the Collector may require, allowance shall be made by the
Collector for stamps spoiled in the following cases:
(a) the stamp on any paper inadvertently and undesignedly
spoiled, obliterated or by any means rendered unfit for the
purpose intended, before the paper bears the signature of
any person or any instrument written thereon is executed
by any party;
(b) any adhesive stamp which has been inadvertently and
undesignedly spoiled or rendered unfit for use and has not
in the opinion of the Collector been affixed to any paper;
(c) (Deleted by Act 661);
(d) the stamp on any promissory note signed by or on behalf
of the maker which has not been made use of in any
manner whatever or delivered out of his hands;
(e) the stamp on any promissory note which from any
omission or error has been spoiled or rendered useless,
although the same, being a promissory note, may have
been delivered to the payee, provided that another
completed and duly stamped promissory note, is produced
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Stamp
67
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PART IX
OFFENCES AND PENALTIES
Not cancelling adhesive stamps
60. Any person who, being required by law to cancel an adhesive
stamp, neglects or refuses duly and effectually to do so in the manner
prescribed by subsection 7(4) shall be liable to a fine not exceeding
five hundred ringgit.
Penalty for not setting forth all the facts and circumstances
61. Any person who with intent to evade the payment of duty
Stamp
69
62.
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(2) When any penalty has been paid in respect of any instrument
under section 43, 47A, 52 or 53, the amount of such penalty shall be
allowed in reduction of the fine, if any, subsequently imposed under
this section in respect of the same instrument upon the person who
paid such penalty.
(3) Subsection (1) shall not apply in respect of any instrument
which has been indorsed as stamped in due time under section 40.
(4) Paragraph (1)(b) shall not apply to the person mentioned in
the second column hereunder in respect of the execution or signature
of such of the instruments appearing in the First Schedule as are
specified in the corresponding line of the first column
Title of instrument as
described in Schedule A
Conveyance,
assignment,
transfer or absolute bill of
sale
The lessor
Stamp
71
note shall be liable to a fine not exceeding one thousand five hundred
ringgit.
Penalty for not making out policy other than on sea insurance or
making one not duly stamped
67. Any person who
(a) receives, or takes credit for any premium or consideration
for any insurance other than a sea insurance, and does not
within one month after receiving or taking credit for the
premium or consideration make out and execute a duly
stamped policy of insurance; or
(b) makes, executes, or delivers out, or pays or allows in
account, or agrees to pay or allow in account, any money
upon or in respect of any policy other than a policy of sea
insurance which is not duly stamped, shall be liable to a
fine not exceeding one thousand ringgit.
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Stamp
73
Broker or agent
(2) Every broker, agent or other person negotiating or transacting
any sea insurance contrary to the true intent and meaning of this Act,
or executing any policy of sea insurance upon paper not duly
stamped, shall for every such offence be liable to a fine not exceeding
one thousand ringgit and shall not have any legal claim to any charge
for brokerage, commission or agency or for any money expended or
paid by him with reference to the insurance, and any money paid to
him in respect of any such charge shall be deemed to be paid without
consideration, and shall remain the property of his employer.
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Stamp
75
Postage stamps
73. Nothing in this Act shall prevent the sale of stamps at any post
office established under the *Post Office Act 1947 [Act 211], nor the
sale of stamps by any person licensed for that purpose under
regulations made under that Act, nor the sale or exchange of postage
or revenue stamps for philatelic purposes.
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penalties or other sums required to be paid under this Act, may issue
to any Commissioner of Police or Director of Immigration a
certificate containing particulars of those duties, penalties or sums so
payable with a request for that person to be prevented from leaving
Malaysia unless and until he pays all the duties, penalties or sums so
payable or furnishes security to the satisfaction of the Collector for
their payment.
(2) Subject to any order issued or made under any written law
relating to banishment or immigration, any Commissioner of Police
or Director of Immigration who receives a request under subsection
(1) in respect of any person shall take or cause to be taken all such
measures as may be necessary to give effect to it.
(3) The Collector shall cause notice of the issue of the certificate
under subsection (1) to be served personally or by registered post on
the person to whom the certificate relates:
Provided that the non-receipt of the notice by that person shall not
invalidate anything done under this section.
(4) Where a person in respect of whom a certificate has been
issued under subsection (1)
(a) produces a written statement signed on or after the date of
the certificate by the Collector to the effect that all the
duties, penalties or sums specified in the certificate have
been paid or that security has been furnished for the
payment; or
(b) pays all the duties, penalties or sums specified in the
certificate to the officer in charge of a police station or to
an immigration officer,
the statement or the payment, as the case may be, shall be sufficient
authority for allowing that person to leave Malaysia.
(5) No legal proceedings shall be instituted or maintained against
the Government, a State Government, a police officer or any other
Stamp
77
In this section
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Electronic medium
77A. (1) For the purposes of this Act, the Collector may by an
electronic medium allow a registered person, without the need for the
instrument to be presented to the Collector
(a) to obtain an assessment of stamp duty and any penalty, if
any, on an instrument;
Stamp
79
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Stamp
81
Rules
82. The Minister of Finance may make rules
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Repeal
83. The Ordinance, Enactments and Proclamations mentioned in the
Fourth Schedule are hereby repealed to the extent specified in the
third column of such Schedule:
Provided that any subsidiary legislation, appointments and
exemptions made or granted under the written laws repealed by this
section shall continue in force and have effect as if they had been
made or granted under this Act until superseded by subsidiary
legislation, appointments and exemptions made or granted under this
Act.
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FIRST SCHEDULE
[Section 4]
INSTRUMENTS CHARGEABLE WITH STAMP DUTY
Item
Description of Instrument
RM10.00
Exemptions
Affidavit or Declaration in writing made
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
NOTEThe Post Office Act 1947 [Act 211] has since been repealed by the Postal Services Act 1991
[Act 465]see subsection 50(1) of Act 465 which then has been repealed by the Postal Services Act 2012
[Act 741] see subsection 110(1) of Act 741.
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(viii)
(ix)
ACT 378
See lease
AGREEMENT OR MEMORANDUM OF
AGREEMENT made under hand only, and not
otherwise specially charged with any duty,
whether the same is only evidence of a contract
or obligatory on the parties from its being a
written instrument.
RM10.00
Exemptions
Agreement or Memorandum:
(a)
(b)
(c)
(d)
(e)
(f)
Stamp
85
See lease
See Conveyance on
Sale and sections 19
and 22
RM10.00
RM10.00
10
11
12
ASSIGNMENT:
RM100.00
See Charge
See Conveyance
13
ASSURANCE
14
15
16
17
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19
20
BILL OF SALE:
ACT 378
Absolute
See Conveyance
By way of security
See Charge
21
22
(a)
(b)
(2)
See Charge
RM1.00
Stamp
(b)
87
25 sen
23
(3)
RM10.00
(4)
RM10.00
(5)
(6)
RM10.00
RM10.00
Exemptions
(a)
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(b)
(c)
ACT 378
RM10.00
Exemptions
Bond given by any person when the estate to be
administered does not exceed RM50,000.00 in
value.
25
26
27
RM10.00
RM0.50
for
every
Stamp
89
RM1,000 or fractional
thereof
RM5.00
(ii)
(iii)
(b)
(c)
An equitable mortgage
(d)
A charge or a mortgage on or an
assignment by way of security of
accounts receivables to a bank, merchant
bank or finance company licensed under
the Banking and Financial Institutions
Act 1989 or under the Islamic Banking
Act 1983 or a scheduled institution as
defined under section 2 of the Banking
and Financial Institutions Act 1989,
pursuant to an agreement for discounting
invoices or hire purchase receivables
RM5.00
RM10.00
90
Laws of Malaysia
(e)
ACT 378
(f)
(g)
(h)
RM10.00
RM10.00
28
29
15 cent
30
CONTRACT
See Agreement.
31
CONTRACT NOTE:
RM1.00
Stamp
receivables or book debts of the kind
mentioned in paragraph (c))
(b)
91
RM100 of the amount
of the money value of
the consideration or the
market value of the
property, whichever is
the greater
(i)
RM1.00 on the
first
RM100,000;
(ii)
RM2.00 on any
amount
in
excess
of
RM100,000 but
not exceeding
RM500,000;
(iii)
RM3.00 on any
amount
in
excess
of
RM500,000.
RM3.00
RM10.00
(d)
See Charge
(e)
92
Laws of Malaysia
ACT 378
(i)
(ii)
RM10.00
(f)
RM10.00
(g)
See Settlement
(h)
(i)
RM10.00
Exemptions
(a)
(b)
Transfers by endorsement
(i)
(ii)
(iii)
(iv)
(v)
Stamp
(c)
(d)
33
34
35
93
(a)
(b)
RM10.00
COVENANT:
Any separate instrument or deed of covenant (not
being an instrument or deed chargeable with ad
valorem duty as a conveyance or charge or
mortgage) made on the sale, charge or mortgage
of any property, or of any right or interest
therein, and relating solely to the conveyance or
enjoyment of or the title to the property sold,
charged or mortgaged, or to the production of the
documents of title relating thereto, or to all or
any of the matters aforesaid
RM10.00
36
DEBENTURE
See
Marketable
Security and Charge
37
RM10.00
38
RM10.00
39
DISCHARGE OF CHARGE
40
DISSOLUTION OF PARTNERSHIP
See
Re-Conveyance,
etc.
See Partnership.
41
DUPLICATE
See Counterpart.
94
Laws of Malaysia
42
EQUITABLE MORTGAGE
43
ACT 378
See
Charge
Mortgage).
(or
(a)
In the case
specified
in
section
20A:
see
that
section;
(b)
In any other
case:
RM10.00.
44
45
FURTHER CHARGE
See Charge.
46
GIFT
47
INDEMNITY BOND
48
INSURANCE
49
(a)
(b)
(i)
Nil
Nil
Nil
(ii)
1.00
2.00
4.00
Stamp
95
(c)
(d)
RM10.00
RM10.00
(f)
RM10.00
Exemption
LETTER OF GUARANTEE
RM10.00
LETTER OF HYPOTHECATION
RM10.00
51
RM10.00
52
MARKETABLE SECURITY:
50
50A
(a)
96
Laws of Malaysia
delivery, for or in respect of the money
thereby secured
(b)
(c)
See Conveyance
53
MEMORANDUM OF ASSOCIATION OF
COMPANY
54
55
56
57
PARTNERSHIP:
58
ACT 378
RM100.00
(a)
Instrument of
..
..
RM10.00
(b)
Dissolution of
..
..
RM10.00
POLICY OF INSURANCE:
(1)
(a)
RM10.00
(b)
For
policies
containing
a
continuation
clause, additional
duty
RM10.00
Stamp
97
FIRE POLICY
For all policies and renewals irrespective
of the sum insured or the term
RM10.00
(3)
RM10.00
(4)
LIFE POLICY
RM10.00
Exemption
RE-INSURANCE BY AN INSURANCE
COMPANY which has granted a Policy
of Sea Insurance or a Policy of Fire
Insurance with another Company by way
of indemnity or guarantee, against the
payment on the original insurance of a
certain part of the sum insured thereby
irrespective of the sum insured or the
term
(6)
(b)
WORKMENS COMPENSATION
(EMPLOYERS LIABILITY):
RM10.00
RM10.00
98
Laws of Malaysia
ACT 378
(8)
RM10.00
COMPREHENSIVE POLICY
Combining any two or more of the
following risksfire, personal injury, or
sickness of the insured, damage, loss,
theft and third party claims
RM10.00
RM10.00
not
General Exemption
Letter of cover or engagement to issue a
policy of insurance:
Provided that unless such letter or
engagement bears the stamp prescribed
by this Act for such policy nothing
shall be claimable thereunder, not shall
it be available for any purpose except
to compel the delivery of the policy
therein mentioned.
59
RM10.00
Exemption
For the sole purpose of appointment or
authorizing any person to vote as proxy at a
meeting of a Company or Association
60
61
PROMISSORY NOTE:
(a)
RM10.00
(b)
others
RM10.00
RM10.00
Stamp
99
63
64
65
RECONVEYANCE OF CHARGED OR
MORTGAGED
PROPERTY,
RE
ASSIGNMENT,
RELEASE, DISCHARGE,
SURRENDER OR RENUNCIATION of any
security or of the benefit thereof or of the money
thereby secured:
66
(a)
If on sale
(b)
If by way of security
(c)
If by way of gift
(d)
RM10.00
67
68
RM10.00
69
of
70
71
SHARE
WARRANT
CERTIFICATE to bearer
STOCK
OR
100
Laws of Malaysia
ACT 378
nominal value of the
shares
or
stock
specified in the warrant
72
73
74
SURRENDER OF CHARGE
75
SURRENDER OF LEASE:
(a)
(b)
76
TRANSFER
See Conveyance
77
TRUST
See Declaration
Conveyance
78
RM10.00
79
80
and
GENERAL EXEMPTIONS
[Section 35]
1. All instruments of any kind whatsoever, and all counterparts or duplicates of
such instruments, made or executed by or on behalf or in favour of a Ruler of a
State or the Government of Malaysia or of any State, where, but for this exemption,
the Ruler or the Government would be liable to pay the duty chargeable in respect
of such instrument.
The above exemption does not extend to any instrument or writing signed or
executed by any officer as Official Administrator (or, in the case of Sabah, as
Administrator General) or Public Trustee or by a receiver appointed by the Court;
or to any instrument rendered necessary by any written law or order of Court; or to
Stamp
101
8.
9.
102
Laws of Malaysia
ACT 378
SECOND SCHEDULE
[Section 7]
PERSONS REQUIRED TO CANCEL ADHESIVE STAMPS
Item
1A
AGREEMENTNo. 4
AFFIDAVIT,
STATUTORY
DECLARATION, etc. No. 2
CONTRACT NOTENo. 31
6A
LETTER OF ALLOTMENT
No. 51
LETTER OF RENUNCIATION
No. 51
10
11
Stamp
103
Item
12
13
14
15
PROTEST OF NOTENo. 61
The Notary
16
17
18
REVOCATION OF POWER OF
ATTORNEYNo. 67
19
An immigration officer
19A
EMPLOYMENT
CONTRACT
issued
to
the
Immigration
Department for the purpose of
securing a pass
An immigration officer
20
The lender
21
22
ARTICLES OF ASSOCIATION
AND
MEMORANDUM
OF
ASSOCIATION OF A COMPANY
23
Memorandum of Sale
104
Laws of Malaysia
ACT 378
THIRD SCHEDULE
[Section 33]
DUTY BY WHOM PAYABLE
Item
AGREEMENT OR MEMORANDUM
OF AGREEMENTNo. 4
CHARGE OR MORTGAGENo. 27
CONTRACTNo. 30
CONTRACT NOTENo. 31
CONVEYANCENo. 32
ExchangeNo. 43
LEASE OR AGREEMENT
LEASENo. 49:
4A
9
10
(a)
Lease or agreement
The lessee
(b)
Counterpart
The lessor
Stamp
105
FOURTH SCHEDULE
[Section 83]
REPEAL
No.
Title
Extent of Repeal
The whole
Johore Enactment
No. 137
The whole
Kedah Enactment
No. 114
Kelantan
Enactment No. 7 of
1937
The whole
Trengganu
Enactment No. 19
of 1356
The whole
B.M.A.
Proclamation
No. 37
The whole
B.M.A.
Proclamation
No. 59
The whole
B.M.A.
Proclamation
No. 66
The whole
NOTEThe Stamp Ordinance of Sabah [Sabah Cap. 137] (except section 83), the Stamp Ordinance of
Sarawak [Sarawak Cap. 32] and the Stamp (Unnumbered Shares) Act 1962 [Act 26/62] were repealed by
the Stamp (Amendment and Extension) Act 1989 [Act A723].
106
Laws of Malaysia
ACT 378
FIFTH SCHEDULE
[Subsection 8(1)]
List of instruments on which duty is payable by means of a postal franking
machine or digital franking machine.
16.
7.
8.
9.
10.
Letter of indemnity.
11.
Letter of guarantee.
12.
Letter of allotment.
13.
14.
15.
16.
Stamp
107
SIXTH SCHEDULE
[Subsection 15A(3)]
PROVISIONS RELATING TO SUBSIDIARY COMPANIES
PROVISIONS FOR DETERMINING AMOUNT OF CAPITAL HELD
THROUGH OTHER COMPANIES
1. Where, in the case of a number of companies, the first directly owns issued
share capital of the second and the second directly owns issued share capital of the
third, then, for the purposes of this Schedule, the first shall be deemed to own
issued share capital of the third through the second, and, if the third directly owns
issued share capital of a fourth, the first shall be deemed to own issued share capital
of the fourth through the second and the third, and the second shall be deemed to
own issued share capital of the fourth through the third, and so on.
2.
In this Schedule
(a) any number of companies of which the first directly owns issued share
capital of the second and the second directly owns issued share capital
of the third and so on, and, if they are more than three, any three or
more of them, are referred to as a series;
(b) in any series
(i) that company which owns issued share capital of another
through the remainder is referred to as the first owner;
(ii) that other company the issued share capital of which is so
owned is referred to as the last owned company;
(iii) the remainder, if one only, is referred to as an intermediary
or, if more than one, as a chain of intermediaries;
(c) a company in a series which directly owns issued share capital of
another company in the series is referred to as an owner;
(d) any two companies in a series of which one owns issued share capital
of the other directly, and not through one or more of the other
companies in the series, are referred to as being directly related to one
another.
3. Where every owner in a series owns the whole of the issued share capital of the
company to which it is directly related, the first owner shall be deemed to own
through the intermediary or chain of intermediaries the whole of the issued share
capital of the last owned company.
108
Laws of Malaysia
ACT 378
4. Where one of the owners in a series owns a fraction of the issued share capital
of the company to which it is directly related, and every other ownerin the series
owns the whole of the issued share capital of the company to which it is directly
related, the first owner shall be deemed to own that fraction of the issued share
capital of the last owned company through the intermediary or chain of
intermediaries.
5.
Where
(a) each of two or more of the owners in a series owns a fraction, and
every other owner in the series owns the whole, of the issued share
capital of the company to which it is directly related; or
(b) every owner in a series owns a fraction of the issued share capital of
the company to which it is directly related,
the first owner shall be deemed to own through the intermediary or chain of
intermediaries such fraction of the issued share capital of the last owned company
as results from the multiplication of those fractions.
6. Where the first owner in any series owns a fraction of the issued share capital
of the last owned company in that series through the intermediary or chain of
intermediaries in that series, and also owns another fraction or other fractions of the
issued share capital of the last owned company, either
(a) directly;
(b) through an intermediary or intermediaries which is not a member or
are not members of that series;
(c) through a chain or chains of intermediaries of which one or some or all
are not in that series; or
(d) in a case where the series consists of more than three companies,
through an intermediary or intermediaries which is a member or are
members of the series, or through a chain or chains of intermediaries
consisting of some but not all of the companies of which the chain of
intermediaries in the series consists,
then, for the purpose of ascertaining the amount of the issued share capital of the
last owned company owned by the first owner, all those fractions shall be
aggregated and the first owner shall be deemed to own the sum of those fractions.
109
LAWS OF MALAYSIA
ACT 378
STAMP ACT 1949
LIST OF AMENDMENTS
Amending law
Short title
In force from
11-12-1950
30-04-1953
24-12-1953
L.N. 576/1954
NotificationAmendment of First
Schedule
01-01-1955
L.N. 254/1955
NotificationAmendment of First
Schedule
04-05-1955
05-12-1949
and
15-06-1955
L.N. 113/1956
02-04-1956
L.N. 332/1958
13-11-1958
Act 91
16-09-1963
Singapore Act
9/1965
09-08-1965
Act 79/1965
15-04-1966
Act 5/1967
01-04-1967
110
Laws of Malaysia
ACT 378
Amending law
Short title
In force from
Act 60/1967
2 and the First
All provisions
other than section
Schedule (except
the amendment
of section 80 of
F.M. Ordinance
No. 59 of 1949)
01-04 1967;
Section 2 and the
First Schedule
(except as
aforesaid)
30-09-1967
31-08-1973
31-08-1973
Act A15
Not yet
In force
Act A160
29-02-1973
Act A224
29-02-1974
Act A408
02-09-1977
Act 241
Chapter V;
01-01-1981
05-03-1982
Act 274
Chapter IV;
01-01-1983
Act 293
Chapter V;
01-01-1984
Act 309
Chapter V;
01-01-1985
Act A587
25-03-1985
Stamp
111
Amending law
Short title
In force from
Act A723
01-10-1989;
paragraph 5(b):
01-01-1990
Act 421
Chapter V;
01-01-1990
02-01-1990
01-02-1991
01-01-1992
Act 476
Chapter VI;
01-01-1992
Act 497
Chapter III;
01-01-1993
Act 513
Chapter IV;
01-01-1994
Act 531
Chapter IV;
01-01-1995
Act 544
Chapter V;
01-01-1996
except s. 25:
01-07-1995
Act 578
Chapter V;
01-01-1998
Act 600
Chapter IV;
30-10-1999;
section 20;
16-06-2000;
section 21
Act 608
Chapter V;
01-01-2001
112
Laws of Malaysia
ACT 378
Amending law
Short title
In force from
01-01-2001
Act 619
Chapter IV;
01-01-2002
Act 624
Chapter IV;
01-01-2003
Act 639
Chapter V;
11-09-2004
Act 644
Act 661
Chapter IV;
02-09-2006
Act 683
Chapter III;
01-01-2008
Act 693
Chapter III,
01-01-2009
Act 702
Chapter III;
01-01-2010
Act A1380
01-11-2010
Act 719
28-01-2011
First Schedule:
11-02-2010
Act 742
Chapter III;
10-02-2012
Act 755
11-01-2013
113
LAWS OF MALAYSIA
ACT 378
STAMP ACT 1949
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from
L.N. 332/1958
Act 79/1965
Act 60/1967
Act 293
Act 309
Act A723
Act 476
Act 513
Act 608
Act 661
Act 683
Act 693
Act A1380
13-11-1958
15-04-1966
30-09-1967
01-01-1984
01-01-1985
01-10-1989
01-01-1992
01-01-1994
01-01-2001
02-09-2006
01-01-2008
01-01-2009
01-11-2010
Act A723
01-10-1989
3A
Act 60/1967
30-09-1967
Act 309
01-01-1985
5A
Act 241
Act A723
Act 661
01-01-1981
01-10-1989
02-09-2006
F.M. Ord.70/1950
F.M. Ord. 23/1955
L.N. 332/1958
Act A723
11-12-1950
05-12-1949
13-11-1958
01-10-1989;
01-01-1990
01-01-2001
02-09-2006
01-01-2009
Act 608
Act 661
Act 693
114
Section
Laws of Malaysia
Amending authority
ACT 378
In force from
Act 60/1967
Act A408
Act 719
Act 755
30-09-1967
02-09-1977
28-01-2011
11-01-2013
11-12-1950
01-10-1989
01-01-1993
01-01-1994
01-01-2001
01-01-2002
01-01-2003
02-09-2006
10-02-2012
11-01-2013
11A
Act 693
01-01-2009
12
Act 60/1967
Act 497
Act 693
30-09-1967
01-01-1993
01-01-2009
12A
Act 60/1967
Act A723
Act 497
01-04-1967
01-10-1989
01-01-1993
13
Act A723
01-10-1989
14A
Act A723
01-10-1989
15
30-04-1953
15-04-1966
01-01-1984
01-10-1989
15A
Act A723
01-10-1989
16
Act 60/1967
Act 274
30-09-1967
01-01-1983
17
Act A723
01-10-1989
19
Act 309
01-01-1985
Stamp
115
20
Act 309
01-01-1985
Section
Amending authority
20A
Act 274
01-01-1983
20B
Act 309
Act 531
01-01-1985
01-01-1995
21
11-12-1950
01-01-1985
01-10-1989
01-10-2005
27
Act A723
01-10-1989
29
Act 309
Act A723
01-01-1985
01-10-1989
29A
Act 309
Act A723
01-01-1985
01-10-1989
30
Act A723
01-10-1989
32A
Act A723
Act 608
01-10-1989
01-01-2001
33
24-12-1953
01-10-1989
01-01-2001
34
Act A723
Act 476
01-10-1989
01-01-1992
36
Act A723
Act 544
Act 693
01-10-1989
01-01-1996
01-01-2009
36A
Act 683
01-01-2008
36AA
Act A1380
01-11-2010
36B
Act 683
Act A1380
01-01-2008
01-11-2010
36C
Act A1380
01-11-2010
In force from
116
Section
Laws of Malaysia
Amending authority
ACT 378
In force from
37
Act 683
Act 693
Act A1380
01-01-2008
01-01-2009
01-11-2010
38
Act 683
Act A1380
01-01-2008
01-11-2010
38A
Act 619
Act 683
Act A1380
01-01-2002
01-01-2008
01-11-2010
39
Act 619
Act 683
01-01-2002
01-01-2008
40
Act A723
Act 693
01-10-1989
01-01-2009
42
Act 476
01-01-1992
43
Act 476
Act A723
Act 644
01-01-1992
01-10-1989
01-10-2005
44
Act 476
Act A723
01-01-1992
01-10-1989
45
Act 476
01-01-1992
46
Act A723
01-10-1989
47
Act 476
Act A723
01-01-1992
01-10-1989
47A
Act A723
Act 608
Act 619
Act 624
01-10-1989
01-01-2001
01-01-2002
01-01-2003
48
Act A723
Act 693
01-10-1989
01-01-2009
49
Act A723
01-10-1989
Stamp
50A
Section
Act 693
Amending authority
117
01-01-2009
In force from
51
Act A723
01-10-1989
52
Act 60/1967
Act A723
30-09-1967
01-10-1989
53
Act A723
01-10-1989
54
Act 476
01-01-1992
55
Act 578
01-01-1998
57
Act A723
Act 661
Act 693
01-10-1989
02-09-2006
01-01-2009
58
Act A723
01-10-1989
59
Act A723
01-10-1989
59A
Act A723
Act 693
01-10-1989
01-01-2009
60
Act A723
01-10-1989
60A
Act 755
11-01-2013
61
Act A723
01-10-1989
62
Act 476
Act A723
01-01-1992
01-10-1989
63
Act 476
Act A723
01-01-1992
01-10-1989
64
Act A723
01-10-1989
65
Act 476
Act A723
01-01-1992
01-10-1989
66
Act A723
01-10-1989
118
Section
Laws of Malaysia
Amending authority
ACT 378
In force from
67
Act A723
01-10-1989
69
Act A723
01-10-1989
70
Act A723
01-10-1989
71
Act A723
01-10-1989
72
Act A723
01-10-1989
72A
Act 702
01-01-2010
74
Act A723
01-10-1989
74A
Act A1380
01-11-2010
74B
Act A1380
01-11-2010
75
Act A723
01-10-1989
77A
Act 693
01-01-2009
77B
Act 693
01-01-2009
80
L.N. 332/1958
Act 60/1967
Act 513
Act 608
Act 644
Act 661
13-11-1958
01-04-1967
01-01-1994
01-01-2001
01-10-2005
02-09-2006
80A
Act 644
01-01-2006
82
L.N. 332/1958
Act A723
Act 693
13-11-1958
01-10-1989
01-01-2009
82 A
Act 644
01-01-2006
First Schedule
11-12-1950
01-01-1955
04-05-1955
15-06-1955
Stamp
Section
119
L.N. 332/1958
13-11-1958
Amending authority
In force from
Act 79/1965
P.U. (B) 391/1973
P.U. (B) 392/1973
Act A15
Act A160
Act 274
Act 293
Act 309
Act A723
Act 421
P.U. (A) 470/1990
Act 476
Act 497
Act 513
Act 544
Act 600
Act 608
Act 619
Act 624
Act 639
Act 644
Act 661
Act 693
Act 702
Act 719
Act 742
Act 755
15-04-1966
31-08-1973
31-08-1973
Not yet in force
29-02-1973
01-01-1983
01-01-1984
01-01-1985
01-10-1989
01-01-1990
02-01-1990
01-01-1992
01-01-1993
01-01-1994
01-07-1995
30-10-1999
01-01-2001
01-01-2002
01-01-2003
11-09-2004
01-10-2005
02-09-2006
01-01-2009
01-01-2010
11-02-2010
10-02-2012
11-01-2013
Second Schedule
Act 274
Act A723
Act 476
Act 513
Act 600
P.U. (A) 511/2000
Act 702
Act 742
Act 755
01-01-1983
01-10-1989
01-01-1992
01-01-1994
16-06-2000
01-01-2001
01-01-2010
10-02-2012
11-01-2013
Third Schedule
24-12-1953
01-10-1989
01-01-1983
120
Section
Laws of Malaysia
Amending authority
ACT 378
In force from
Fifth Schedule
Act A408
P.U. (A) 58/1982
P.U. (A) 40/1991
P.U. (A) 472/1991
Act 513
Act 644
Act 719
02-09-1977
05-03-1982
01-02-1991
01-01-1992
01-01-1994
01-10-2005
28-01-2011
Sixth Schedule
Act A723
01-10-1989